¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

1

RNI No. MAHENG/2009/35528

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 4, +ÆEò 87(2)]

ºÉÉä¨Éý´ÉÉ®úú, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

[ {ÉÞ¹`äö 20, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 175
|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä  +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ  Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä  Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in  English  of  the Vijaybhoomi  University,  Raigad  Act,  2018  (Mah.  Act  No.  LXXVII  of  2018),  is
hereby  published  under  the  authority  of  the  Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA  G.  BHAGWAT,

Secretary  (Legislation)  to  Government,
Law  and  Judiciary  Department.

——————————

MAHARASHTRA  ACT  NO.  LXXVII  OF  2018.

(First  published,  after  having  received  the  assent  of  the  Governor  in  the
“Maharashtra  Government  Gazette”,  on  the  17th  December  2018.)

An  Act  to  provide  for  establishment,  incorporation  and  regulation  of  the
Vijaybhoomi  University,  Raigad  for  the  development  and  advancement
of  higher  education  in  the  State  and  to  provide  for  matters
connected  therewith  or  incidental  thereto.

WHEREAS  it  is  expedient  to  provide  for  the  establishment,
incorporation  and  regulation  of  the  Vijaybhoomi  University,  Raigad  for  the
development and  advancement  of  higher  education  in  the  State  and  to
provide  for  matters  connected  therewith  and  incidental  thereto,  for  the
purposes hereinafter appearing ; it is hereby enacted in the Sixty-ninth Year
of  the  Republic  of  India  as  follows :—

1.

(1) This Act may  called as the Vijaybhoomi University, Raigad  Act,

2018.

(2) It shall come into force on such date, as the State Government may

by  notification  in  the Official  Gazette,  appoint.

Short  title
and comm-
encement.

¦ÉÉMÉ  +É`ö--175----1

(1)

2

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—
(a) “adjunct  professor”,  “adjunct  associate  professor”,  or  “adjunct
assistant  professor”  means  a  person  from  industry,  trade,  agriculture,
commerce,  social,  cultural,  academic  or  any  other  allied  field  who  is  so
designated  during  the  period  of  colaboration  or  association  with  the
University ;

(b) “authorities” means the authorities of the University as specified

by  or  under  this  Act ;

(c) “Board  of  Management”  means  the  Board  of  Management

constituted  under  section  22  of  this  Act ;

(d) “campus”  means  the  area  of  University  within  which  it  is

established ;

(e) “center  of  excellence”  means  the  state-of-the-art  training  or
research  center  established  in  collaboration  with  industry  or  for  the
benefit  of  industry  and  society,  to  provide  all  types  of  relevant  skills
to  students,  in-service  employees,  working  professionals  and  to
undertake  joint  projects ;

(f) “distance  education”  means  education  imparted  by  combination
of  any  two  or  more  means  of  communication,  viz.  broadcasting,
telecasting, correspondence courses, seminars, contact programmes and
any  other  such  methodology ;

(g) “employee”  means  any  person  appointed  by  the  University  and

includes  teachers,  officers  and  other  staff  of  the  University ;

(h) “fee”  means  monetary  collection  made  by  the  University  or  its
colleges,  institutions  or  study  centers,  as  the  case  may  be,  from  the
students  by  whatever  name  it  may  be  called,  which  is  not  refundable ;
(i) “Government”  or “State  Government”  means  the Government  of

Maharashtra.

(j) “Governing  Body”  means  the  Governing  Body  constituted  under

section  21  of  this  Act ;

(k) “higher education” means pursuit of knowledge beyond learning

at  the  stage  of  higher  secondary  school  education ;

(l) “hostel”  means  a  place  of  residence  for  the  students  of  the
University,  or  its  institutions  and  study  centers,  established  or
recognized  to  be  as  such  by  the  University ;

(m) “notification”  means  a  notification  published  in  the Official

Gazette ;

(n) “Official Gazette” means the Maharashtra Government Gazette ;
(o) “President  or  Chancellor”  means  the  Chancellor  of  the

University ;

(p) “prescribed”  means  prescribed  by  statutes  or  ordinances  or

regulations,  as  the  case  may  be,  made  by  or  under  this  Act ;

(q) “regulating  body”  means  a  body  established  by  the  Central
Government  for  laying  down  norms  and  conditions  for  ensuring
academic  standards  of  higher  education,  such  as  University  Grants
Commission, All India Council of Technical Education, National Council
of  Teacher  Education,  Medical  Council  of  India,  Pharmacy  Council  of
India, National Council of Assessment and Accreditation, Indian Council
of  Agriculture  Research,  Distance  Education  Council,  Council  of
Scientific  and  Indian  Research  etc.  and  includes  the  Government ;

(r) “rules”  means  the  rules  made  by  the State Government ;
(s) “section”  means  a  section  of  this  Act ;
(t) “sponsoring body” means the Vijaybhoomi Education Foundation,
incorporated  as  a  company  under  the  Companies  Act,  1956  having  its
registered  office  at  447,  4th  Floor,  17th  Cross,  Sector  IV,  HSR  Layout,
Bangalore,  India  560  034 ;

I of
1956.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

3

(u) “State”  means  State  of  Maharashtra ;
(v) “statutes”, “ordinances” and “regulations” mean respectively, the
statutes, ordinances and regulations of  the University made under this
Act ;

(w) “student”  means  a  person  enrolled  in  the  University  for  taking
a  course  of  study  for  a  degree,  diploma  or  other  academic  distinction
instituted  by  the  University,  including  a  research  degree ;

(x) “study  center”  means  a  center  established  and  maintained  or
recognized  by  the  University  for  the  purpose  of  advising,  counseling  or
for  rendering  any  other  assistance  required  by  the  students  in  the
context  of  distance  education ;

(y) “teacher”  means  a  professor,  associate  professor,  assistant
professor,  adjunct  professor  or  any  other  person  required  to  impart
education  or  to  guide  research  or  to  render  guidance  in  any  form  to
the  students  for  pursuing  a  course  of  study  of  the  University ;

(z) “University”  means    the  Vijaybhoomi  University,  Raigad.

3.

(1)  There  shall  be  established  a  University  by  the  name  of  the

Incorporation.

Vijaybhoomi  University,  Raigad.

(2)  The  President,  the  Vice-Chancellor,  the  Governing  Body,  the Board
of Management,  the Academic Council  and  all  other  persons  who  may
hereafter  become  such  officers  or  members  so  long  as  they  continue  to  hold
such office or membership, are hereby constituted and declared to be a body
corporate  by  the  name  of  “  the  Vijaybhoomi  University,  Raigad”.

(3)  The  University  shall  have  perpetual  succession  and  a  common  seal

and  shall  sue  and  be  sued  by  the  said  name.

(4)  The  University  shall  function  as  a  non-affiliating  University
established  under  this  Act  and  it  shall  not  affiliate  any  other  college  or
institute  for  the  award  conferment  of  degree,  diploma  and  certificate  of  its
degree  to  the  students  admitted  therein.

(5)  The  University  shall  be  situated  and  have  its  head-quarter  at
Vijaybhoomi  University,  at  Jamrug,  Taluka  Karjat,  District  Raigad,
Maharashtra.

4. The  objects  of  the  University  shall  be  as  follows:—

(a)  to  provide  learning,  teaching,  capacity,  capability  and  skills
development  and  research  and  development  in  higher  and  technical
education,  covering  Liberal  Arts,  Humanities,  Social  Sciences,  Life
Sciences  and  Biotechnologies,  Nano-Sciences  and  Technologies,
Professional Disciplines such as Engineering, Technology, Management,
Business  and  Commerce,  Applied  and  Creative  Arts,  Vocational
Education,  Media,  Information  and  Communication  Technology  and
Education per se and their inter-disciplinary studies and development ;
(b)  to  provide  instructions,  teaching  and  training  in  Higher  and
Technical  Education,  Arts,  Sports,  Culture,  Film,  Space  Technologies,
Marine  Research  and  make  provisions  for  research ;

(c)  to  create  higher  level  of  cognitive,  affective  and  psychomotor

(head,  hearts  and  hands)  abilities ;

(d)  to  create  higher  levels  of  intellectual  abilities ;
(e)  to  create  and  deploy  new  educational  programs  to  promote
creativity,  innovation  and  entrepreneurship  for  inventing  of  new  ways
for  development  and  social  reconstruction  and  transformation ;

(f)  to  establish  state-of-the-art  facilities  for  education  and

development ;

(g)  to carry  out  teaching and  research  and  offer continuing  quality

education  programmes ;

(h)  to  create  centers  of  excellence  for  research  and  development
in  Science  and  Technology  and  socio-economic  development  and  for
sharing  knowledge  and  its  application ;

¦ÉÉMÉ  +É`ö--175----1+

Objects  of
University.

4

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

(i)  to  use  modern  and  post-modern  processes,  mechanisms  and
technologies  for  governance  and  management  of  learning,  teaching,
researching,  evaluating,  developing,  organizing  and  creating  socio-
economic  wealth  for  individuals  and  society  for  21st  century ;

(j) to provide professional and development services to the industry

and  public  organizations  and  society ;

(k)  to  start  higher  education  programs,  courses  in  new  and

emerging  areas  with  innovative  approaches ;

(l)  to  establish  links,  collaborations  and  partnerships  with  other

higher  education  and  research  institutions  in  India  and  abroad ;

(m)  to  institute  degrees,  diplomas,  certificates  and  other  academic
distinctions  on  the  basis  of  examinations,  or  any  other  methods  of
evaluation ;

(n) to  establish innovative  approaches for  creation of  seamlessness
in  academic  structures,  learning  time-frames,  and  working  and
continuous  evaluation  processes  for  nurturing  and  cultivation  of
creativity  and  entrepreneurship ;

(o)  to  pursue  any  other  objectives  as  may  be  suggested  by  the

Government ;

(p) to ensure that the standard of the degree, diplomas, certificates
and other academic distinctions conferred by a University are not lower
than  those  laid  down  by  the  All  India  Council  for  Technical  Education
or  the  National  Council  for  Teacher  Education  established  under  the
National  Council  for  Teacher  Education  Act,  1993  or  the  University
Grants Commission constituted under the University Grants Commission
Act,  1956  or  the  Pharmacy  Council  of  India  constituted  under  the
Pharmacy  Act,  1948  or  the  Bar  Council  of  India  constituted  under  the
Advocates  Act,  1961  or  any  other  statutory  body,  as  the  case  may  be.

73 of
1993.
3 of
1956.
8 of
1948.
25 of
1961.

Powers and
function.

5. The  University  shall  have  the  following  powers  and  functions,

namely :  —

(i) to  make  provisions  and  adopt  all  measures  (including  adoption
and updating of the curricula) in respect of study, teaching and research,
relating  to  the  courses  through  traditional  as  well  as  new  innovative
modes  including  on-line  education  mode ;

(ii) to  institute  and  confer  degrees,  diplomas,  certificates,  awards,

grades,  credits  and  academic  distinctions ;
(iii) to  conduct  and  hold  examinations ;
(iv) to  provide  for  the  degrees,  diplomas,  certificates,  equivalent
or  corresponding  to  the  degrees,  diplomas,  certificates  of  other
recognized  Universities,  Boards  or  Councils ;

(v) to  take  all  necessary  measures  for  setting  up  campus ;
(vi) to set up central library, departmental libraries, museums and

allied  matters ;

(vii) to institute and confer honorary degrees as may be prescribed ;
(viii) to institute and award fellowships, scholarships, studentships,

as  may  be  specified ;

(ix) to  take  special  measures  for  spreading  educational  facilities

among  the  educationally  backward  strata  of  the  society ;

(x) to  encourage  and  promote  sports  and  other  extra-curricular

activities ;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

5

(xi) to  create  technical,  administrative  and  other  necessary  posts

and  to  make  appointments  thereto ;

(xii) to  undertake  research  projects  on  mutually  acceptable  terms

and  conditions ;

(xiii) to  provide  consultancy  services ;
(xiv) to  frame  statutes,  ordinances,  rules  and  regulations  for
carrying  out  the  objects  of  the  University  in  accordance  with  the
provisions  of  the  Act ;

(xv) to  encourage  and  promote  co-curricular  activities  for
personality development of the teachers, students and employees of the
University ;

(xvi) to  provide  for  dual  degrees,  diplomas  or  certificates vis-a-vis
other  universities  on  reciprocal  basis  within  and  outside  the  country
as  per  instructions  of  the  State  Government,  Government  of  India  and
University  Grants  Commission ;

(xvii) to  make  such  provisions  for  integrated  courses  in  different

disciplines  in  the  educational  programmes  of  the  University ;

(xviii) to set-up colleges, institutions, off-campus centers and study
centres,  as  per  the  instructions  issued  by  the  State  Government,
Central  Government  and  University  Grants  Commission,  from  time  to
time ;

(xix) to  receive  donations,  gifts  and  grants  and  to  acquire,  hold,
manage  and  dispose  of  any  property,  movable  or  immovable,  including
trust  or  endowed  property  within  or  outside  the State  for  the  purposes
and  objects  of  the  University  and  to  invest  funds ;

(xx) to  prescribe  the  fee  structure  for  various  courses,  from  time

to  time  as  per  provisions  of  this  Act ;

(xxi) to  demand  and  receive  payments  of  such  fees  and  other

charges  as  may,  from  time  to  time,  be  specified ;

(xxii) to  seek  collaboration  with  other  institutions  on  mutually

acceptable  terms  and  conditions ;

(xxiii) to  determine  salaries,  remunerations,  honoraria  to  teachers
and employees of the University in accordance with the norms, specified
by the University Grants Commission and the other regulatory bodies ;
(xxiv) to  organize  and  to  undertake  extra-mural  teaching  and

extension  services ;

(xxv) to  establish  and  maintain  Halls  and  Hostels ;
(xxvi) to  recognize,  supervise  and  control  Halls  and  Hostels  not
maintained  by  the  University  and  other  accommodation  for  the
residence  of  the  students  and  to  withdraw  any  such  recognition ;

(xxvii) to  regulate  and  enforce  discipline  among  students  and
employees  of  the  University  and  to  take  such  disciplinary  measures  as
may  be  deemed  necessary ;

(xxviii) to  make  arrangements  for  promoting  health  and  general

welfare  of  the  students  and  the  employees  of  the  University ;

(xxix) to  co-operate  with  any  other  university  in  and  outside  the
country,  authority  or  any  public  or  private  body  having  in  view  of  the
promotion  of  purposes  and  objects  similar  to  those  of  the  University
for such purposes as may be agreed upon, on such terms and conditions
as  may,  from  time  to  time,  be  specified ;

6

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

University
open to
all.

University
to be self
financed.

Endowment
Fund.

(xxx) to  provide  for  the  printing,  re-printing  and  publication  of
research and other work, including text  books, which may be issued by
the  University ;

(xxxi) to comply and follow, from time to time the provisions of the
University  Grants  Commission  (Establishment  and  Maintenance  of
Standards  in  Private  Universities)  Regulations,  2003  or  any  other
regulations  or  directions  issued  by  the  University  Grants  Commission.
(xxxii) to  comply  with  and  carry  out  directives  issued  by  the  State
Government,  from  time to  time,  with  reference  to above  powers,  duties
and  responsibilities  of  the  University.

(xxxiii) to  do  all  such  things  as  may  be  necessary,  incidental  or
conducive  to  the  attainment  of  all  or  any  of  the  objects  of  the
University ;

6.

(1)  No  citizen  of  India  shall  be  excluded  from  any  office  of  the
University  or  from  membership  of  any  of  its  authorities,  bodies  or
committees,  or  from  appointment  to  any  post,  or  from  admission  to  any
degree,  diploma,  certificate  or  other  academic  distinction  or  course  of  study
on  the  ground  only  of  sex,  race,  creed,  class,  caste,  place  of  birth,  religious
belief  or  profession,  or  political  or  other  opinion ;

(2)  The University  shall  adopt Government  policy  and  orders  issued,
from  time  to  time,  in  regard  to  the  reservation  for  Scheduled  Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward  Classes  and  Special  Backward  Category  for  the  purpose  of
admission  of  students  in  the  University  departments  and  institutions.

(3)  The  University  shall  adopt  the  general  policy  of  the  State
Government in regard to the welfare of various categories of weaker sections
of the society and minorities as directed by the State Government, from time
to  time.

7. The  University  shall  be  self-financed  and it  shall  not  be  entitled  to

receive  any  grant  or  other  financial  assistance  from  the  Government.

8.

(1) The sponsoring body shall establish a permanent statutory fund
to be called “the Endowment Fund” for the University which shall comprise
of  at  least  five  crore rupees  which  may  be  increased suo  motu  but  shall  not
be  decreased.

(2)  The  Endowment  Fund  shall  be  kept  as  security  deposit  to  ensure
strict  compliance  of  the  provisions  of  this  Act,  rules,  regulations,  statutes
or  ordinances  made  thereunder.

(3)  The  Government  shall  have  the  powers  to  forfeit,  in  the  prescribed
manner,  a  part  or  whole  of  the  Endowment  Fund  in  case  the  University  or
the  sponsoring  body  contravenes  any  of  the  provisions  of  this  Act,  rules,
statutes,  ordinances  or  regulations  made  thereunder.

(4) Income from Endowment Fund may  be utilized for the development
of  infrastructure  of  the  University  but  shall  not  be  utilized  to  meet  out  the
recurring  expenditure  of  the  University.

(5)  The  amount  of  Endowment  Fund  shall  be  kept  invested,  until  the
dissolution  of  the  University,  by  way  of  long  term  securities  received  or
guaranteed  by  the  Government  subject  to  the  condition  that  the  amounts
so  invested  from  the  Endowment  Fund  shall  not  be  withdrawn  without  the
permission  of  the  Government.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

7

(6)  The  certificates  of  the  long  term  securities  shall  be  kept  in  the  safe
custody  of  the  Government ;  and  the  Government  shall  have  the  right  to
encash  the  deposit  amount  for  the  purpose  mentioned  in  sub-section  (3).

9. University  shall  also  establish  a  fund,  which  shall  be  called  the

General Fund.

General  Fund  to  which  following  shall  be  credited,  namely :—
(i) fees  and  other  charges  received  by  the  University ;
(ii) any  contribution  made  by  the  sponsoring  body ;
(iii) any  income  received  from  consultancy  and  other  works

undertaken  by  the  University ;

(iv) bequests,  donations,  endowments  and  any  other  grants ;  and
(v) all  other  sums  received  by  the  University.

10. The  General  Fund  shall  be  utilized  for  meeting  all  expenses,
recurring  or  non-recurring  in  connection  with  the  affairs  of  the  University:

Application  of
General Fund.

Provided  that,  no  expenditure  shall  be  incurred  by  the  University  in
excess  of  the  limits  for  total  recurring  expenditure  and  total  non-recurring
expenditure  for  the  year,  as  may  be  fixed  by  the Board  of Management,
without  the  prior  approval  of  the  Board  of  Management.

11. The  following  shall  be  the  officers  of  the  University,  namely  :—

(i) the  President  who  shall  also  be  the  Chancellor ;
(ii) the  Vice-Chancellor ;
(iii) the  Deans  of  Faculties ;
(iv) the  Registrar ;
(v) the  Chief  Finance  and  Accounts  Officer ;
(vi) the  Controller  of  Examinations ;  and
(vii) such other persons in the service of the University as may be

declared  by  the  statutes  to  be  the  officers  of  the  University.

Officers of the
University.

12.

(1)  The  President  shall  be  appointed  by  the  sponsoring  body  for  a
period of three years, with the approval of the Government in such manner,
as  may  be  prescribed  by  the  rules.

President.

(2)  The  eligibility  criteria  for  the  post  of  the  President  shall  be  as  may

be  prescribed  by  the  rules  issued  by  the  State  Government.

(3)  The  President  shall  be  the  Head  of  the  University.
(4)  The  President  shall  preside  over  at  the  meetings  of  the  Governing
Body  and  convocation  of  the  University  for  conferring  Degrees,  diplomas
or  other  academic  distinctions.

(5)  The  President  shall  have  the  following  powers,  namely:—

(a)  to  call  for  any  information  or  record  from  any  officer  or
authority  of  the  University,  relating  to  the  affairs  of  the  University ;

(b)  to  appoint  the  Vice-Chancellor ;
(c) to remove the Vice-Chancellor in accordance with the provisions

of  sub-section  (7)  of  section  14  of  this  Act ;

(d)  such  other  powers  as  may  be  specified  by  the  statutes.

13. The  President  may  be  removed  from  his  office  by  the  sponsoring

body,  if  it  is  satisfied  that  the  incumbent,—

Removal of
President.

(a) becomes  insane  and  stands  so  declared  by  a  competent  court ;

or

(b) has  been  convicted  by  a  court  for  any  offence  involving  moral

turpitude ;  or

8

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Vice-
Chancellor.

(c) become  an  undischarged  insolvent  and  stands  so  declared  by  a

competent  court ;  or

(d) become  physically  unfit  and  incapable  of  discharging  the
functions  or  duties  of  the  office  due  to  protracted  illness  or  physical
disability ;  or

(e) willfully  omitted  or  refused  to  carry  out  the  provisions  of  this
Act  or  has  committed  breach  of  any  of  the  terms  and  conditions  of  the
service  contract  or  any  other  conditions  laid  down  by  the  statutes,  or
has  abused  the  powers  vested  in  him  or  if  the  continuance  of  the
president  in  the  office  has  become  detrimental  to  the  interests  of  the
University :

Provided that, the President shall be given a reasonable opportunity
to  show-cause  by  the  sponsoring  body  before  taking  recourse  to  action
under  clauses  (d)  and  (e)  for  his  removal  from  the  said  office.

14.

(1)  The  Vice-Chancellor  shall  be  appointed  by  the  President,  on
such  terms  and  conditions  as  may  be  specified  by  statutes,  from  a  panel  of
three  persons  recommended  by  the  Governing  Body  and  shall,  subject  to
the  provisions  contained  in  sub-section  (7),  hold  office  for  a  term  of  three
years :

Provided  that,  after  the  expiry  of  the  term  of  three  years,  the  Vice-
Chancellor  shall  be  eligible  for  re-appointment  for  another  term  of  three
years :

Provided  further  that,  the  Vice-Chancellor  shall  continue  to  hold  office
even  after  the  expiry  of  his  term  till  new  Vice-chancellor  joins,  however,  in
any  case,  this  period  shall  not  exceed  one  year.

(2)  The  Vice-Chancellor  shall  be  the  principal  executive  and  academic
officer  of  the  University  and  shall  have  the  powers  of  superintendence  and
control  over  the  affairs  of  the  University  and  shall  execute  the  decisions  of
various  authorities  of  the  University.

(3)  The  Vice-Chancellor  shall  preside  over  at  the  convocation  of  the

University  in  the  absence  of  the  President.

(4)  If  in  the  opinion  of  the  Vice-Chancellor,  it  is  necessary  to  take
immediate action on any matter for which powers are conferred on any other
authority  by  or  under  this  Act,  he  may  take  such  action  as  he  deems
necessary  and  shall  at  the  earliest  opportunity  thereafter,  report  his  action
to such  officer or  authority as  would have  in the  ordinary course  dealt with
the  matter :

Provided  that,  if  in  the  opinion  of  the  concerned  officer  or  authority
such  action  should  not  have  been  taken  by  the  Vice-Chancellor,  then  such
case shall be referred to the President, whose decision thereon shall be final.
(5) If, in the opinion of the Vice-Chancellor, any decision of any authority
of  the  University  is  outside  the  powers  conferred  by  this  Act  or  statutes,
ordinances,  regulations  or  rules  made  thereunder  or  is  likely  to  be
prejudicial to the interests of the University, he shall request the concerned
authority  to  revise  its  decision  within  fifteen  days  from  the  date  of  decision
and  in  case  the  authority  refuses  to  revise  such  decision  wholly  or  partly
or  fails  to  take  any  decision  within  fifteen  days,  then  such  matter  shall  be
referred  to  the  President  and  his  decision  thereon  shall  be  final.

(6)  The  Vice-Chancellor  shall  exercise  such  powers  and  perform  such

duties  as  may  be  specified  by  the  statutes  or  the  ordinances.

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9

(7)  If  at  any  time  upon  representation  made  or  otherwise  and  after
making such inquiry as may be deemed necessary, the situation so warrants
and  if  the  continuance  of  the  Vice-chancellor  is  not  in  the  interests  of  the
University, the President with approval of Governing Body may, by an order
in writing stating the reasons therein, ask the Vice-Chancellor to relinquish
his  office  from  such  date  as  may  be  specified  in  the  order :

Provided that,  before taking an action  under this sub-section,  the Vice-

Chancellor  shall  be  given  an  opportunity  of  being  heard.

15.

(1)  The  Deans  of  Faculties  shall  be  appointed  by  the  President  in
such manner and on such terms and conditions of service as may be specified
by  the  statutes.

Deans of
Faculties.

(2) The Deans of Faculties shall assist the Vice-Chancellor in managing
the  academic  and  other  affairs  of  the  University  and  shall  exercise  such
powers and perform such functions as may be prescribed by the regulations
or  be  entrusted  by  the  President  and  Vice-Chancellor.

16.

(1)  The  Registrar  shall  be  appointed  by  the  President  in  such
manner  and on  such  terms and  conditions  of  service as  may  be specified  by
the  statutes.

Registrar.

(2)  The  Registrar  shall  be  the  chief  administrative  officer  of  the
University.  Subject  to  the  decision  of  the  authorities  of  the  University,  he
shall have the power to enter into agreement, contract, sign documents and
authenticate  records  on  behalf  of  the  University.  He  shall  exercise  such
powers  and  perform  such  duties  as  may  be  specified  by  the  statutes.

(3) The Registrar shall be the Member-Secretary of the Governing Body,
Board  of  Management  and  Academic  Council,  but  shall  not  have  the  right
to  vote.

(4) The Registrar shall be the custodian of the records, the common seal
and such other property of the University as the Governing Body may commit
to  his  charge.

(5)  The Registrar  shall  exercise  such  other  powers  and  perform  such
other  duties  as  may  be  prescribed  by  or  under  this  Act,  or,  as  may  be
conferred  on  him  by  the  statutes  or,  may  be  assigned  to  him,  by  the Vice-
Chancellor,  from  time  to  time.

17.

(1)  The  Controller  of  Examinations  shall  be  appointed  by  the
President  in  such  manner  and  on  such  terms  and  conditions  of  service  as
may  be  specified  by  the  statutes.

Controller of
Examinations.

(2)  The  Controller  of  Examinations  shall  be  the  Principal  officer-in-
charge  of  the  conduct  of  examinations  and  tests  of  the  University  and
declarations  of  their  results.  He  shall  discharge  his  functions  under  the
superintendence,  directions  and  guidance  of  the  Vice-Chancellor.

(3)  The  Controller  of  Examinations  shall  be  a  full-time  salaried  officer
of  the  University  and  shall  work  directly  under  the  direction  and  control  of
the  Vice-Chancellor  of  the  University.  His  appointment  shall  be  for  a  term
of  three  years  and  he  shall  be  eligible  for  re-appointment  for  a  term  not
exceeding  three  years.  The  qualifications  and  experience  for  the  purpose  of
selection of the Controller shall be such as may be prescribed by the statutes.

(4)  The  Controller  of  Examination  shall  be  responsible  for,—

(a)  preparing  and  announcing  in  advance,  the  calendar  of

examinations ;

(b)  arrangement  for  printing  of  question  papers ;

¦ÉÉMÉ  +É`ö--175----2

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(c) arrangement for the timely publication of result of examinations

and  other  tests ;

(d)  taking  disciplinary  action  where  necessary  against  the
candidates,  paper-setters,  examiners,  moderators,  or  any  other  persons
connected  with  examinations  and  found  guilty  of  malpractices  in
relations  to  the  examinations ;

(e)  reviewing,  from  time  to  time,  the  results  of  University
examinations  and  forward  reports  thereon  to  the  Academic  Council ;
(f) the Controller of Examinations shall exercise such other powers
and perform such other duties as may be prescribed or assigned to him.

18.

(1)  The  Chief  Finance  and  Accounts  Officer  shall  be  the  principal

Finance, Accounts  and Audit Officer  of  the  University.

(2)  The  Chief  Finance  and  Accounts  Officer  shall  be  appointed  by  the
President  in  such  manner  and  on  such  terms  and  conditions  of  service,  as
may  be  specified  by  the  statutes.

(3)  The  Chief  Finance  and  Accounts  Officer  shall  exercise  such  powers

and  perform  such  duties,  as  may  be  specified  by  the  statutes.

19.

(1)  The  University  may  appoint  such  other  officers,  as  may  be

necessary,  for  its  functioning.

(2)  The  manner  of  appointment  of  other  officers  of  the  University,  the
terms  and  conditions  of  service  of  such  officers  and  their  powers  and
functions  shall  be  such,  as  may  be  specified  by  the  statutes.

20. The following shall  be the authorities of the University, namely :—

(a) the  Governing  Body ;
(b) the  Board  of  Management ;
(c) the  Academic  Council ;
(d) the  Board  of  Examinations ;  and
(e) such  other  authorities  as  may  be  declared  by  the  statutes  to  be

the  authorities  of  the  University.

Chief Finance
and Accounts
Officer.

Other
officers.

Authorities  of
University.

Governing
Body.

21.

(1)  The  Governing  Body  of  the  University  shall  consist  of  the

following  members,  namely :—

(a) the  President ;
(b) the  Vice-Chancellor ;
(c) five persons, nominated by the sponsoring body out of whom two

shall  be  eminent  educationists ;

(d) one  expert  of  management  or  information  technology  from

outside  the  University,  nominated  by  the  President ;

(e) two  persons,  nominated  by  the State  Government ;
(f) two  representatives  of  the  industries  to  be  nominated  by  the

president ;

(g) the  Registrar  of  the  University  shall  be  the  permanent  invitee

to  the  Governing  Body  but  shall  not  have  right  to  vote.
(2)  The  Governing  Body  shall  be  the  supreme  authority  of  the

University.

(3)  The  Governing  Body  shall  have  the  following  powers,  namely  :—

(a) to  provide  general  superintendence  and  directions  and  to
control  functioning  of  the  University  by  using  all  such  powers  as  are
provided  by  this  Act  or  the  statutes,  ordinances,  regulations  or  rules
made  thereunder ;

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11

(b) to  review  the  decisions  of  other  authorities  of  the  University
in  case  they  are  not  in  conformity  with  the  provisions  of  this  Act  or
the  statutes,  ordinances,  regulations  or  rules  made  thereunder ;

(c) to  approve  the  budget  and  annual  report  of  the  University ;
(d) to  lay  down  the  policies  to  be  followed  by  the  University ;
(e) to  recommend  to  the  sponsoring  body  about  the  voluntary
liquidation  of  the  University  if  a  situation  arises  when  smooth
functioning  of  the  University  does  not  remain  possible,  in  spite  of  all
efforts ;  and

(f) such  other  powers,  as  may  be  prescribed  by  the  statutes.
(4)  The  Governing  Body  shall  meet  atleast  thrice  in  a  calendar  year.
(5)  The  quorum  for  meetings  of  the  Governing  Body  shall  be  five.

22.

(1)  The  Board  of  Management  shall  consist  of  the  following

members,  namely  :—

(a) the  Vice-Chancellor ;
(b) two  members  of  the  Governing  Body,  nominated  by  the

sponsoring  body ;

(c) two  Deans  of  the  University,  by  rotation,  to  be  nominated  by

the  Vice-Chancellor ;

(d) three persons, who are not the members of the Governing Body,

nominated  by  the  sponsoring  body ;  and

(e) three  persons  from  amongst  the  teachers,  nominated  by  the

sponsoring  body.
(2)  The  Vice-Chancellor  shall  be  the  Chairperson  of  the  Board  of

Board of
Management.

Management.

(3) The powers and functions of the Board of Management shall be such

as  may  be  specified  by  the  statutes.

(4)  The  Board  of  Management  shall  meet  atleast  once  in  every  two

months.

(5) The quorum for meetings of the Board of Management shall be five.

23.

(1)  The  Academic  Council  shall  consist  of  the  Vice-Chancellor  and

such  other  members  as  may  be  specified  by  the  statutes.

Academic
Council.

(2)  The  Vice-Chancellor  shall  be  the ex  officio  Chairperson  of  the

Academic  Council.

(3)  The  Academic  Council  shall  be  the  principal  academic  body  of  the
University  and  shall,  subject  to  the  provisions  of  this  Act  and  the  rules,
statutes  and  ordinances  made  thereunder,  co-ordinate  and  exercise  general
supervision  over  the  academic  policies  of  the  University.

(4)  The  quorum  for  meetings  of  the  Academic  Council  shall  be  such  as

may  be  specified  by  the  statutes.

24.

(1)  The  Board  of  Examination  shall  be  the  principal  authority  of
the  University  for  conducting  the  examination  and  making  policy  decisions
in  regard  to  organizing  and  holding  examinations,  improving  the  system  of
examinations, appointing the paper–setters, examiners, moderators and also
prepare the Schedule of Examinations and declaration of results. The Board
of  Examination shall  also oversee  and  regulate the  conduct of  examinations
in  study  centers,  or  any  center  related  to  the  University.

Board of
Examination.

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Explanation.—For  the  purposes  of  this  section  and  of  section  38,  the
expression  “Schedule  of Examinations”  means  a  table  giving  details  about
the  time,  day  and  date  of  the  commencement  of  each  paper  which  is  a  part
of  a  scheme  of  examinations  and  shall  also  include  the  details  about  the
practical  examinations.

(2)  The  Board  of  Examination  shall  consist  of  following  members,

namely :—

(a)  the  Vice-Chancellor  –  Chairperson ;

(b)  Professor  of  each  subject  –  Member ;

(c)  one  evaluation  expert,  co-opted  by  the  Board  of  Examination  –

Member ;

(d)  the  Controller  of  Examination  –  Member-Secretary.

(3) The powers and functions of the Board of Examinations shall be such

as  may  be  laid  down  by  the  statutes.

Other
authorities.

Dis-
qualification.

25. The  constitution,  powers  and  functions  of  other  authorities  of  the

University  shall  be  such  as  may  be  specified  by  the  statutes.

26. A  person  shall  be  disqualified  for  being  a  member  of  any  of  the

authorities  or  bodies  of  the  University,  if  he,—

(i) is  of  unsound  mind  and  stands  so  declared  by  a  competent

court ;  or

(ii) has  been  convicted  of  any  offence  involving  moral  turpitude ;

Vacancies not
to  invalidate
the
proceedings of
any authority
or body of the
University.

Filling of
casual
vacancies.

or

or

(iii) is  conducting  or  engaging  himself  in  private  coaching  classes ;

(iv) has  been  punished  for  indulging  in  or  promoting  unfair

practices  in  the  conduct  of  any  examination,  in  any  form,  anywhere.

27. No  act  or  proceeding  of  any  authority  or  body  of  the  University
shall be invalid merely by reason of any vacancy or defect in the constitution
thereof.

28.

In  case  there  occurs  any  casual  vacancy  in  any  authority  or  body
of  the  University,  due  to  death,  resignation  or  removal  of  a  member,  the
same shall be filled, as early as possible, by the person or body who appoints
or nominates the member whose place becomes vacant and person appointed
or  nominated  to  a  casual  vacancy  shall  be  a  member  of  such  authority  or
body for the residue of the term of such member in whose place he has been
so  appointed  or  nominated.

Committees.

29.

(1)  The  authorities  or  officers  of  the  University  may  constitute
committees  with  such  terms  of  reference  for  specific  tasks  to  be  performed
by  such  committees  as  may  be  necessary.

(2) The constitution of such committees shall be such as may be specified

by  the  statutes.

First
Statutes.

30.

(1)  The  First  Statutes  of  the  University  shall  be  made  by  the
Governing Body and shall be submitted to the Government for its approval.

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13

(2) Subject to the provisions of this Act, and the rules made there under,
the First Statutes of the University may provide for all or any of the following
matters,  namely :—

(a) the  constitution,  powers  and  functions  of  the  authorities  and
other bodies of the University, as may be constituted, from time to time ;
(b) the terms and conditions of  appointment of the Vice-Chancellor

and  his  powers  and  functions ;

(c) the manner of  appointment and terms and  conditions of service
of  the  Deans  of  Faculties,  Registrar  and  Chief  Finance  and  Accounts
Officer  and  their  powers  and  functions ;

(d) the manner of appointment and terms and conditions of service

of  the  employees  and  their  powers  and  functions ;

(e) the  procedure  for  arbitration  in  case  of  disputes  between

employees,  students  and  the  University ;

(f) the  conferment  of  honorary  degrees ;
(g) the  provisions  regarding  exemption  of  students  from  payment
of  tuition  fee  and  for  awarding  to  them  scholarships  and  fellowships ;
(h) provisions  regarding  the  policy  of  admissions,  number  of  seats
in  different  courses  including  regulation  of  reservation  of  seats ;  and
(i) provisions  regarding  fees  to  be  charged  from  the  students.
(3) The Government shall consider the First Statutes, submitted by the
University  and  shall  within  four  months  from  the  date  of  its  receipt  give
its  approval  thereon  with  such  modifications,  if  any,  as  it  may  deem
necessary.

(4) The Government shall publish the First Statutes, as approved by it,
in  the Official  Gazette  and  thereafter,  such  Statutes  shall  come  into  force
from  date  of  such  publication.

31.

(1)  Subject  to  the  provisions  of  this  Act  and  the  rules  made  there
under,  the subsequent  statutes  of the  University  may provide  for  all or  any
of  the  following  matters,  namely :—

Subsequent
statutes.

(a) creation  of  new  authorities  of  the  University ;
(b) accounting  policy  and  financial  procedure ;
(c) representation  of  teachers  in  the  authorities  of  the  University ;
(d) creation  of  new  departments  and  abolition  or  restructuring  of

existing  department ;

(e) institution  of  medals  and  prizes ;
(f) creation  of  posts  and  procedure  for  abolition  of  posts ;
(g) revision  of  fees ;
(h) alteration  of  the  number  of  seats  in  different  syllabi ;  and
(i) all  other  matters  which  under  the  provisions  of  this  Act  are  to

be  specified  by  the  statutes.
(2)  The  statutes  of  the  University  other  than  the  First  Statutes  shall
be  made  by  the  Board  of  Management  with  the  approval  of  the  Governing
Body.

(3)  The  Board  of  Management  may,  from  time  to  time,  make  new  or
additional  statutes  or  may  amend  or  repeal  the  statutes  so  made  in  the
manner  hereinafter  provided  in  this  section :

Provided that, the Board of Management shall not make any statute or
any  amendment  in  the  statutes  affecting  the  status,  powers  or  constitution
of any existing authority of the University until such authority has been given

¦ÉÉMÉ  +É`ö--175----3

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an  opportunity  of  expressing  an  opinion  on  the  proposal  and  any  opinion
so  expressed  shall  be  in  writing  and  shall  be  considered  by  the  Governing
Body.

(4) Every such statute or addition to the statutes or any amendment or
repeal  of  the  statutes  shall  be  subject  to  the  approval  of  the  Government :

Provided  that,  no  statutes  shall  be  made  by  the  Board  of  Management
affecting  the  discipline  of  students  and  standards  of  instruction,  education
and  examination  except  in  consultation  with  the  Academic  Council.

First
Ordinance.

32.

(1)  The  First  Ordinances  of  the  University  shall  be  made  by  the
Governing Body and shall be submitted to the Government for its approval.

(2)  Subject  to  the  provisions  of  this  Act  or  the  rules  or  statutes  made
thereunder, the Board of Management may make such First Ordinances with
the  approval  of  the  Governing  Body  as  it  deems  appropriate  for  the
furtherance of the objects of the University and such ordinances may provide
for  all  or  any  of  the  following  matters,  namely  :–

(a) the admission of students to the University and their enrolment

as  such ;

(b) the  courses  of  study  to  be  laid  down  for  the  degrees,  diplomas

and  certificates  of  the  University ;

(c) the  award  of  the  degrees,  diplomas,  certificates  and  other
academic distinctions, the minimum qualifications for the same and the
means  to  be  taken  relating  to  the  granting  and  obtaining  of  the  same ;

(d) the  conditions  for  awarding  of  fellowships,  scholarships,

stipends,  medals  and  prizes ;

(e) the  conduct  of  examinations,  including  the  terms  of  office  and
manner  of  appointment  and  the  duties  of  examining  bodies,  examiners
and  moderators ;

(f) fees to be charged for the various courses, examinations, degrees

and  diplomas  of  the  University ;

(g) the  conditions  of  residence  of  the  students  in  the  hostels  of  the

University ;

(h) the  provisions  regarding  disciplinary  action  against  the

students ;

(i) the creation, composition and functions of any other body which
is  considered  necessary  for  improving  the  academic  life  of  the
University ;

(j) the  manner  of  co-operation  and  collaboration  with  other

Universities  and  institutions  of  higher  education ;  and

(k) all  other  matters  which  are  required  to  be  provided  by  the
ordinances  under  the  provisions  of  this  Act  or  the  statutes  made
thereunder.

(3)  The  Government  shall  consider  the  First  Ordinances  submitted  by
the Vice-Chancellor  under sub-section  (1) and  shall give  its approval  within
four  months  from  the  date  of  its  receipt,  with  such  modifications,  if  any  as
it  may  deem  necessary.

Subsequent
Ordinances.

33.

(1)  All  ordinances  other  than  the  First  Ordinances  shall  be  made
by  the  Academic  Council  which  after  being  approved  by  the  Board  of
Management  shall  be  submitted  to  the  Governing  Body  for  its  approval.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

15

(2)  The  Academic  Council  shall  either  modify  the  ordinances
incorporating  the  suggestions  of  the  Board  of  Management  and  the
Governing  Body  or  give  reasons  for  not  incorporating  the  suggestions,  and
shall  return  the  ordinances  alongwith  such  reasons,  if  any,  the  Board  of
Management  and  the  Governing  Body  shall  consider  the  suggestions  of  the
Academic  Council  and  shall  approve  the  ordinances  of  the  University  with
or  without  such  modification  and  then  the  ordinances,  as  approved  by  the
Governing  Body  shall  come  into  force.

34. The authorities of the University may, subject to the prior approval
of  the  Board  of  Management,  make  regulations,  consistent  with  the
provisions  of  this  Act,  the  rules,  statutes  and  the  ordinances  made  there
under, for the conduct of their own business and of the committees appointed
by  them.

Regulations.

35.

(1) Admission in the University shall be made strictly on the basis

Admissions.

of  merit.

(2)  Merit  for  admission  in  the  University  may  be  determined  either  on
the  basis  of  marks  or  grade  obtained  in  the  qualifying  examination  for
admission  and  achievements  in  co-curricular  and  extra-curricular  activities
or  on  the  basis  of  marks  or  grade  obtained  in  the  entrance  test  conducted
at State level either by an association of the Universities conducting similar
courses  or  by  any  agency  of  the  State:

Provided  that,  admission  in  professional  and  technical  courses  shall  be

made  only  through  entrance  test.

(3)  Seats  for admission  in  the  University,  for  the students  belonging  to
Scheduled  Castes,  Scheduled  Tribes,  De-notified  Tribes  (Vimukta  Jattis),
Nomadic  Tribes,    Other  Backward  Classes,  Special  Backward  Category  and
handicapped  students,  shall  be  reserved  as  per  the  policy  of  the  State
Government :

Provided  that  the  total  reservation  in  any  case  shall  not  exceed  fifty

per  cent.

(4)  Out  of  the  total  approved  intake  capacity,  seventy  per  cent.  of  the
seats  shall  be  reserved  for  the  students  having  domiciled  in  the State  of
Maharashtra.

36.

(1) There shall be a Fee Fixation Committee to fix the fee structure

of  the  University.

(2)  The  composition,  term  of  Committee  and  its  Members,  mechanism
and  procedure  to  be  followed  by  the  Fee  Fixation  Committee  shall  be  such
as  may  be  notified  by  the  State  Government  by  notification  in Official
Gazette:

Provided  that,  every  such  notification  shall,  as  soon  as  may  be,  laid

before  each  House  of  the  State  Legislature.

(3)  The  allowances  and  honorarium  of  the  Chairman  and  members  of
the  Fee  Fixation  Committee  shall  be  such  as  may  be  specified  by  State
Government,  from  time  to  time,  which  shall  be  paid  by  the  University.

Fee Fixation
Committee.

37.

(1)  No  capitation  fee  shall  be  collected  by  or  on  behalf  of  the
University  or  by  any  person  who  is  in  charge  of,  or  is  responsible  for,  the
management  of  such  institution,  from  or  in  relation  to  any  student  in
consideration  of  his  admission  to  and  prosecution  of  any  course  of  study  or
of  his  promotion  to  a  higher  standard  or  class  in  such  institution.

Prohibition of
Capitation
Fee.

(2)  Notwithstanding  anything  contained  in  sub-section (1),  the
management  may  in  good  faith  collect  or  accept  donations  in  cash  or  kind,
in the prescribed manner, from benevolent persons or organization or public
trusts  or  any  other  association  of  persons,  for  opening  of  new  educational
institutions, for creation of Endowment Fund for award of scholarship, prizes
or the like, but while collecting or accepting such donations the management

¦ÉÉMÉ  +É`ö--175----3+

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shall  not  reserve  any  seats  in  any  educational  institution  run  by  it  in
consideration  of  such  donations.  Where  in  consideration  of  accepting  such
donations  any  seat  is  reserved  for  admission  to  any  student  in  such
institution  such  acceptance  of  donation  shall  be  deemed  to  be  collection  of
capitation  fee,  within  the  meaning  of  clause  ( a)  of  section  2  of  the
Maharashtra  Educational  Institutions  (Prohibition  of  Capitation  Fee)
Act, 1987.

Mah. VI
of  1988.

Examinations.

Declaration of
results.

38. At the beginning of each academic session and in any case not later
than  30th  June  of  every  calendar  year,  the  University  shall  prepare  and
publish  a  semester-wise  or  annual,  as  the  case  may  be,  Schedule  of
Examinations  for  each  and  every  course  conducted  by  it  and  shall  strictly
adhere  to  such  Schedule :

Provided  that,  if  for  any  reason  whatsoever,  the  University  is  unable
to  follow  this  Schedule,  it  shall,  as  soon  as  practicable,  submit  a  report  to
the  Government  giving  the  detailed  reasons  for  making  a  departure  from
the published Schedule of Examination. The Government may, thereon, issue
such  directions  as  it  may  deem  fit  for  better  compliance  in  future.

39.

(1)  The  University  shall  strive  to  declare  the  results  of  every
examination  conducted  by  it  within  thirty  days  from  the  last  date  of  the
examination for a particular course and shall in any case declare the results
latest  within  forty-five  days  from  such  date :

Provided  that,  if  for  any  reason  whatsoever,  the  University  is  unable
to  finally  declare  the  results  of  any  examination  within  the  period  of  forty-
five days, it shall submit a report incorporating the detailed reasons for such
delay  to  the  Government.  The  Government  may,  thereon,  issue  such
directions  as  it  may  deem  fit  for  better  compliance  in  future.

(2) No examination or the results of an examination shall be held invalid
only  for  the  reasons  that  the  University  has  not  followed  the  Schedule  of
Examination  as  stipulated  in  section  38  of  this  Act  or  that  the  University
has  failed  to  declare  the  results  within  the  period  specified  in  sub-
section  (1).

Convocation.

40. The Convocation of the University shall be held in every academic
year in the manner as may be specified by the statutes for conferring degrees,
diplomas  or  for  any  other  purpose.

Accreditation
of the
University.

41. The  University  shall  obtain  accreditation  from  the  National
Council  of  Assessment  and  Accreditation  (NAAC),  Bangalore  within  three
years  of  its  establishment  and  inform  the  Government  and  such  other
regulating  bodies  which  are  connected  with  the  courses  taken  up  by  the
University  about  the  grade  provided  by  NAAC  to  the  University.  The
University  shall  get  renewed  such  accreditation  at  an  interval  of  every  five
years  thereafter.

University to
follow rules,
regulations,
norms, etc. of
the regulating
bodies.

42. Notwithstanding  anything  contained  in  this  Act,  the  University
shall  be  bound  to  comply  with  all  the  rules,  regulations,  norms,  etc.  of  the
regulating bodies and provide all such facilities and assistance to such bodies
as  are  required  by  them  to  discharge  their  duties  and  carry  out  their
functions.

Annual
report.

43.

(1)  The  annual  report  of  the  University  shall  be  prepared  by  the
Board  of  Management  which  shall  include  among  other  matters,  the  steps
taken  by  the  University  towards  the  fulfillment  of  its  objects  and  shall  be
approved  by  the  Governing  Body  and  copy  of  the  same  shall  be  submitted
to  the  sponsoring  body.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

17

(2) Copies of the annual report prepared under sub-section (1) shall also

be  presented  to  the  Government.

(3) The State Government shall cause such report to be laid before each

house  of  the  State  Legislature.

44.

(1)  The  annual accounts  including  balance  sheet of  the  University
shall be prepared under the directions of the Board of Management and the
annual accounts shall be audited at least once in every year by the auditors
appointed  by  the  University  for  this  purpose.

Annual
accounts and
audit.

(2)  A  copy  of  the  annual  accounts  together  with  the  audit  report  shall

be  submitted  to  the  Governing  Body.

(3)  A  copy  of  the  annual  accounts  and  audit  report  alongwith  the
observations  of  the  Governing  Body  shall  be  submitted  to  the  sponsoring
body.

(4) The copies of annual accounts and balance sheet prepared under sub-

section(1)  shall  also  be  presented  to  the  Government.

(5)  The  advice  of  the  Government,  if  any,  arising  out  of  the  accounts
and audit report of the University shall be placed before the Governing Body
and  the  Governing  Body shall  issue  such  directions,  as  it may  deem  fit  and
compliance  thereof  shall  be  reported  to  the  Government.

45.

(1)  For  the  purpose  of  ascertaining  the  standards  of  teaching,
examination  and  research  or  any  other  matter  relating  to  the  University,
the  Government  may,  after  consultation  with  the  Vice-Chancellor,  cause  an
assessment to be made in such manner as may be prescribed, by such person
or  persons  as  it  may  deem  fit.

Powers of the
Government
to  inspect
University.

(2)  The  Government  shall  communicate  to  the  University  its
recommendations  in  regard  to  the  result  of  such  assessment  for  corrective
action  and  the  University  shall  take  such  corrective  measures  as  are
necessary  so  as  to  ensure  the  compliance  of  the  recommendations.

(3)  If  the  University  fails  to  comply  with  the  recommendations  made
under  sub-section  (2)  within  a  reasonable  time,  the  Government  may  give
such directions as it may deem fit which shall be binding on the University.

46.

(1) The  sponsoring  body  may  dissolve  the  University  by  giving  a
notice  to  this  effect  to  the  Government,  the  employees  and  the  students  of
the  University  at  least  one  year  in  advance :

Provided  that,  dissolution  of  the  University  shall  have  effect  only  after
the  last  batches  of  students  of  the  regular  courses  have  completed  their
courses  and  they  have  been  awarded  degrees,  diplomas  or  awards,  as  the
case  may  be.

(2) On  the  dissolution  of  the  University,  all  the  assets  and  liabilities  of

the  University  shall  vest  in  the  sponsoring  body :

Provided  that,  in  case  the  sponsoring  body  dissolves  the  University
before twenty-five years of its establishment, all the assets of the University
shall  vest  in  the  Government,  free  from  all  encumbrances.

Dissolution of
University by
sponsoring
body.

47.

(1)  If  it  appears  to  the  Government  that  the  University  has
contravened  any  of  the  provisions  of  this  Act  or  the  rules,  statutes  or
ordinances made thereunder or has contravened any of the directions issued
by it under this Act or has ceased to carry out any of the undertakings given
under  section  5  of  this  Act,  or  a  situation  of financial  mis-management  or
mal-administration has arisen in the University, it shall issue notice requiring

Special
powers of the
State
Government
in certain
circumstances.

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the  University  to  show  cause  within  forty-five  days  as  to  why  an  order  of
its  liquidation  should  not  be  made.

(2) If the Government, on receipt of reply of the University on the notice
issued  under  sub-section  (1),  is  satisfied  that  there  is  a prima  facie  case  of
contravention of all or any of the provisions of this Act or the rules, statutes
or  ordinances  made  there  under  or of  contravention  of  the  directions  issued
by  it  under  this  Act  or  of  ceasing  to  carry  out  the  undertaking  given  under
section 5 of this Act, or of financial mis-management or mal-administration,
it  shall  make  an  order  of  such  enquiry  as  it  may  consider  necessary.

(3)  The  Government  shall,  for  the  purpose  of  any  enquiry  under  sub-
section  (2),  appoint  an  inquiry  officer  or  officers  to  inquire  into  any  of  the
allegations  and  to  make  report  thereon.

(4) The Enquiry Officer or officers appointed under sub-section (3) shall
have  the  same  powers  as  are  vested  in  a  civil  court  under  the  Code  of
Civil Procedure, 1908 while trying a suit in respect of the following matters,
namely  :—

5 of
1908.

(a) summoning and enforcing the attendance of any person and

examining  him  on  oath ;

(b)  requiring  the  discovery  and  production  of  any  such
document or any other material as may be predicable in evidence ;
(c)  requisitioning  any  public  record  from  any  court  or  office ;

and

(d)  any  other  matter  which  may  be  prescribed.

(5)  The  inquiry  officer  or  officers,  inquiring  under  this  Act,  shall  be
deemed to be a civil court for the purposes of section 195 and Chapter 26 of
the  Code  of  Criminal  Procedure,  1973.

2 of
1974.

(6) On receipt of the enquiry report from the officer or officers appointed
under sub-section (3), if the Government is satisfied that the University has
contravened all or any of the provisions of this Act or the rules, statutes, or
ordinances  made  there  under  or  has  violated  any  of  the  directions  issued
by it under  this Act or has ceased  to carry out the undertakings  given by it
under  section  5  of  this  Act  or  a  situation  of  financial  mis-management  and
mal-administration  has  arisen  in  the  University  which  threatens  the
academic  standard  of  the  University,  it  shall  issue  a  preliminary  order  for
the  liquidation  of  the  University  and  appoint  an  administrator.

(7) The administrator appointed under sub-section (6) shall have all the
powers and be subject to all the duties of the Governing Body and the Board
of  Management  under  this  Act  and  shall  administer  the  affairs  of  the
University  until  the  last  batch  of  the  students  of  the  regular  courses  have
completed  their  courses  and  they  have  been  awarded  degrees,  diplomas  or
awards,  as  the  case  may  be.

(8)  After  having  awarded  the  degrees,  diplomas  or  awards,  as  the  case
may  be,  to  the  last  batches  of  the  students  of  the  regular  courses,  the
administrator  shall  make  a  report  to  this  effect  to  the  Government.

(9) On receipt of the report under sub-section (8), the Government shall,
by  notification  in  the Official  Gazette,  issue  a  final  order  dissolving  the
University  and  from  the  date  of  publication  of  such  notification,  the
University  shall  stand  dissolved  and  all  the  assets  and  liabilities  of  the
University  shall  vest  in  the  sponsoring  body  from  such  date.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 17, 2018/+OÉ½þÉªÉhÉ 26, ¶ÉEäò 1940

19

Secretarial
Committee.

48.

(1)  Immediately  after  the  commencement  of  this  Act,  there  shall
be  established  a  Secretary  Level  Committee  in  order  to  verify  and  ensure
compliance  of  the  requirements  to  the  guidelines  relating  to  the
establishment of self-financed universities, framed by the State Government
from  time  to  time ;  and  of  the  undertakings  submitted  by  the  sponsoring
body. The committee shall consist of the Secretaries-in-charge of the Higher
and  Technical  Education  Department,  the  Finance  Department  and  the
Planning  Department.

(2)  The  committee  constituted  under  sub-section  (1),  shall  submit  its

report  to  the  Government.

(3) On receipt of the report under sub-section (2), the State Government
shall,  publish  a  notification  in  the Official  Gazette  allowing  the
operationalization  of  the  University.

(4)  The  University  shall,  admit  the  students  only  after  issuance  of  the

notification  under  sub-section  (3).

49. The  Secretary  Level  Committee  established  under  sub-section  (1)
of  section  48  of  this  Act  may  carry  out  an  inspection  of  the  University  as
and  when  directed  by  the  Government  and  verify  and  ensure  compliance  of
the  requirements  of  the  guidelines  issued  by  the  State  Government  or  the
Central Government, from time to time, relating to the establishment of self-
financed universities and of the compliance of the provisions of the relevant
laws  for  the  time  being  in  force.

Inspection by
Secretary
Level
Committee.

50.

(1)  The  Government  may,  by  notification,  make  rules  for  carrying

into  effect  the  purposes  of  this  Act.

Power to
make rules.

(2)  Without  prejudice  to  the  generality  of  the  foregoing  power,  such

rules  may  provide  for  all  or  any  of  the  following  matters,  namely  :—

(a)  matters  to  be  prescribed  under  clause  (d)  of  sub-section  (4)  of

section  47 ;  and

(b) any other matter which is required to be, or may be, prescribed

by  rules.

(3) All  the  rules  made  under  this  Act  shall  be  laid,  as  soon  as  may  be
after  it  is  made,  before  each  house  of  the  State  Legislature,  while  it  is  in
session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one
session or in two successive sessions, and if, before the expiry of the session
in which they are so laid or the sessions immediately following, both Houses
agree in  making any modification  to the rule or  both Houses agree  that the
rule  should  not  be  made,  the  rule  shall  from  the  date  of  publication  of  a
notification, have effect only in such modified form or be of no effect, as the
case  may  be ;  so,  however,  that  any  such  modification  or  annulment  shall
be  without  prejudice  to  the  validity  of  anything  previously  done  or  omitted
to  be  done  there  under.

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Power to
remove
difficulties.

51.

(1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act,  the  Government  may,  as  occasion  arises,  by  an  order  published  in  the
Official Gazette, do anything not inconsistent with the provisions of this Act,
which appears to it to be necessary or expedient for removing the difficulty :

Provided  that, no  such order  shall be  made after  the expiry  of a  period

of  two  years  from  the  date  of  commencement  of  this  Act.

(2) Every order made under sub-section (1), shall be laid, as soon as may

be  after  it  is  made,  be  laid  before  each  House  of  the  State  Legislature.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY  I/C  DIRECTOR
SHRI  MANOHAR  SHANKAR  GAIKWAD,  PRINTED  AT  GOVERNMENT  CENTRAL  PRESS,  21-A,  NETAJI  SUBHASH  ROAD,  CHARNI
ROAD,  MUMBAI  400  004  AND  PUBLISHED  AT  DIRECTORATE  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS,
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